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test at the request of a law enforcement officer, a | period of incarceration of not less than 40 days; |
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| (3) A court-ordered suspension of a driver's license for a | period of 4 years; and |
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| (4) In accordance with section 2416, a court-ordered | suspension of the person's right to register a motor | vehicle; |
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| D. For a person having 3 or more previous OUI offenses | within a 10-year period, which is a Class C crime: |
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| (1) A fine of not less than $2,100, except that if the | person failed to submit to a test at the request of a | law enforcement officer, a fine of not less than | $2,500; |
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| (2) A period of incarceration of not less than 6 | months, except that if the person failed to submit to a | test at the request of a law enforcement officer, a | period of incarceration of not less than 6 months and | 20 days; |
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| (3) A court-ordered suspension of a driver's license | for a period of 6 years; and |
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| (4) In accordance with section 2416, a court-ordered | suspension of the person's right to register a motor | vehicle; |
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| D-1. A violation of subsection 1-A, paragraph D is a Class | C crime, which is a strict liability crime as defined in | Title 17-A, section 34, subsection 4-A. The sentence must | include a period of incarceration of not less than 6 months, | a fine of not less than $2,100 and a court-ordered | suspension of a driver's license for a period of 6 years. | These penalties may not be suspended; |
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| E. If a law enforcement officer failed to provide the | warnings required by section 2521, subsection 3, the | increase in minimum penalties required because of a refusal | to submit to a test is not mandatory; |
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| F. For a person sentenced under paragraph B, C or, D or I, the | court shall order the defendant to participate in the alcohol and | other drug program of the Department of Health and Human | Services, Office of Substance Abuse. The court may waive the | program pursuant to Title 5, section 20073-B, if the court finds | that the defendant has completed an |
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